도시및주거환경정비법위반
The defendant's appeal is dismissed.
1. On the grounds delineated below, the judgment of the court below is erroneous in misconception of facts.
Article 52(3) of the instant contract provides that “This contract shall take effect after the resolution of the general meeting,” and thus, it does not constitute “a contract that becomes a partner’s burden, other than the matters determined by the budget,” as stipulated in Article 24(3)5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), since it does not take effect unless the resolution of the general meeting takes effect, and thus, it does not constitute “a contract
B. On December 29, 2011, E urban environment rearrangement project cooperatives (hereinafter “instant association”) concluded the instant contract with G Co., Ltd. (hereinafter “G”).
However, on October 20, 201, the instant association decided to delegate the authority to conclude contracts to the board of representatives when designating G as a contractor at an extraordinary general meeting of October 20, 2011. The instant association members were aware of the contents of the instant contract by reporting G’s business participation proposal, etc. attached to the said meeting data collection.
Therefore, it should be deemed that there was a resolution on the conclusion of the instant contract at an extraordinary general meeting of October 20, 2011.
C. When the Defendant entered into the instant contract with G by reflecting the intent of its members, it explained the terms of the instant contract at an extraordinary general meeting on October 20, 201, and believed that approval was obtained after the general meeting on March 15, 2012, there was no perception that the Defendant violated Article 24(3)5 and Article 85 subparag. 5 of the Urban Improvement Act.
2. Determination:
A. Whether the instant contract constitutes “a contract that becomes a partner’s burden, other than the matters stipulated in the budget” under Article 24(3)5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, or “a contract that becomes a partner’s burden, other than the matters stipulated in the budget” under Article 24(3)5 of the Act.